Kolkata doctor rape-murder: Supreme Court expresses displeasure over Bengal govt's handling of case

New Delhi: The Supreme Court on Thursday asked the protesting doctors to resume work and told the Centre to ensure their safety as it slammed the West Bengal government over 14 hours delay in lodging the FIR only after the post mortem, in the rape and murder of a woman doctor in K G Kar Medical College and Hospital on August 9.

A bench of Chief Justice of India D Y Chandrachud and Justices J B Pardiwala and Manoj Misra, while examining the status reports of the CBI and the West Bengal government, said it has never seen a case being handled like this.

The top court strongly criticised the college principal for not registering an FIR straight away, while making it clear that the law will take its course and judges would ensure that the law will take its course.

The court also asked the parties not to politicise the case. It also emphasised that justice and medicine cannot stop, while urging doctors’ to resume work.

The bench also directed the secretary in the Union Health Ministry to engage with the chief secretaries and director generals of police to address the concerns of the doctors over their safety at workplace.

The bench clarified the CBI would continue to probe the rape and murder case of August 9 and the Kolkata police of August 14 incident of vandalism of the hospital.

During the hearing, the court said it was surprised that the post-mortem preceded the registration of unnatural death.

The bench told senior advocate Kapil Sibal, appearing for the West Bengal government, "One aspect is extremely disturbing...The GD (General Diary) entry of death is recorded at 10:10 AM, the next day....The securing of the crime scene, the seizures etc was done at 11:30 at night? What was happening?"

Further, the bench pointed out, the post mortem and autopsy of the young doctor victim was conducted hours prior to the registration of FIR for an unnatural death at 11.45 pm.

"The post mortem preceded the registration of an unnatural death case and FIR. I have never in 30 years seen a case being handled like this,” Justice Pardiwala remarked.

Solicitor General Tushar Mehta, appearing for the CBI said the investigation was a challenge as the case was handed over five days of the incident and the crime scene was altered.

The court quizzed Sibal, who claimed all the investigation was done in accordance with the law and there was no delay in the registration of the FIR and all the procedures were followed.

“Procedure is a separate issue but the point is what is the reason, the FIR was lodged almost 14 hours after the discovery of the body," the bench asked.

On the role of the college principal, the bench said he should have come straight away to the college and directed the filing of the FIR.

"Who was he in touch with? What was his connection? The moment he tenders a resignation, he is appointed as a principal of another college," the bench asked Sibal.

Sibal said the state will also look into the future protest and asked the court to protect the state in that matter.

Mehta, for the CBI, asked how the state can ask for protection.

“How can we protect the state,” the bench also asked Sibal who replied that standard operating procedure must follow and the protest should be at designated place only.

The court had earlier told the West Bengal government not to interfere with peaceful protest.

The bench noted that the CBI has asked for a polygraph test of the accused and directed that the concerned magistrate to pass an order by Friday evening.

An apprehension was expressed by the doctors’ that they are likely to be proceeded against for the protest which took place in the past.

The bench assured the doctors of no coercive action if they returned to work. "If doctors are not on duty, then it will cause huge inconvenience to patients’ who had booked their slots several months' in advance," the bench said.

During the hearing, Mehta informed the court that a sitting minister of West Bengal had made a statement that if anybody talks anything against our leader, his fingers will be chopped off. Sibal said the leader of opposition, BJP leader, in the state said that bullets will be fired.

“Please do not politicise. Parties have to realise...do not politicise and the law will take its course and we are ensuring that the law will take its course…we concerned about the welfare and safety of doctors. We are not just going to lay down guidelines, we will pass enforceable directions to be implemented,” the bench said.

At the outset, the court urged all protesting doctors to return to work, assuring them that there be no victimization or any adverse action against them.

The bench also assured doctors' associations that the National Task Force will hear all stakeholders.

The court, which heard a suo motu case related to the rape and murder, was informed that the resident doctors at AIIMS Nagpur were being victimised for protests over the Kolkata rape-murder case.

On August 20, the Supreme Court had set up a National Task Force under its authority, to suggest measures for protection of medical fraternity.

Holding that the nation can't wait for another rape to change the situation on ground, the bench had broadened the scope of its intervention in a suo motu case registered on August 18.